These Terms and Conditions together with any other terms that are expressly incorporated by reference (collectively, “Agreement”) apply to your access and use of the website located at https://lineardesign.com/ (“Linear Website”) and by accessing the Linear Website you agree that the Terms and Conditions shall be applicable to your use and access of Linear Website. The Linear Website is the property of Aiquire Inc., a Delaware corporation (“Linear”, “we” or “us”), which operates the Linear brand. These Terms and Conditions are separate and is applicable even if you have another written agreement with Linear. However, if there is conflict between these Terms and Conditions and another written agreement with Linear, then the other written agreement shall control the conflicting issue. By using the Linear Website, you represent and warrant that you are of legal age to form a binding contract with us. If you do not want to agree to these Terms and Conditions, you must not access or use the Linear Website.
IMPORTANT: PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION, AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS AND CONDTIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF USE AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THEM.
These Terms and Conditions permit you to access and use the Linear Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Linear Website. You may use information purposely made available by us for downloading provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You are specifically restricted from:
Certain areas of this Website are restricted from being access by you and Linear has the absolute discretion to further restrict access by you to any portion of Linear Website, at any time. Any user ID and password you may have for the Linear Website are confidential and you must maintain confidentiality as well.
To access Linear Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Linear Website that all the information you provide on Linear Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on Linear Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Linear Website is owned, controlled or licensed by or to Linear its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your Content shall mean any audio, video text, images or other material you choose to display on the Linear Website. By displaying your Content, you grant us a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. You represent and warrant that you have the authority to grant applicable license, and; your Content is in compliance with applicable laws and does not breach any third-party’s rights. We reserve the right to remove any of your Content from Linear Website at any time without notice.
The Linear Website is provided “as is,” with all faults, and we provide no express representations or warranties, of any kind related to Linear Website or the materials contained on Linear Website with respect to its accuracy, completeness, or usefulness of the materials. Also, nothing contained on Linear Website shall be interpreted as a professional advice and any reliance you place on such information is strictly at your own risk.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LINEAR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON LINEAR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE SERVICES (INCLUDING ANY CONTENT), OR ANY THIRD-PARTY SERVICES WILL NOT EXCEED THE USD $100. YOU ACKNOWLEDGE AND AGREE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WOULD BE DEEMED AS FORFEITURE OF THE SERVICES HEREUNDER
You agree to defend, indemnify, and hold harmless Linear, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of Linear Website, including, but not limited to, your Content, your use of Linear Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from Linear Website.
Linear reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time as it sees fit. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of Linear Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Linear grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Linear Website.
No waiver by Linear of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Linear to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Linear regarding the access and use of Linear Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the governed matter.
All matters relating to Linear Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS “DISPUTE RESOLUTION” SECTION REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES WITH US (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
If a dispute arises from or relates to these Terms and Conditions or the breach thereof, and if the dispute cannot be settled through direct discussions within 30 days from the notification of a dispute by either party. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration by a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be San Francisco, California and the arbitration shall be governed by the laws of the State of California. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods nor the Computer Information Transactions Act, the application of which is expressly excluded. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration. YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. Notwithstanding anything in this Agreement to the contrary, Company shall have the right, at its election, to seek injunctive or other equitable relief in any court of competent jurisdiction in order to protect its intellectual property rights, and to enforce or obtain compliance with this Agreement without first submitting such matter to arbitration.
Contacting Us
If there are any questions regarding these terms and conditions or any of the content on Linear Website, you may contact us using the information below.
Aiquire Inc.
Attention: Legal Team
21 W 46TH ST STE 0801,
NEW YORK, NY 10036
United States
Email: [email protected]/[email protected]
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